THE L AW Y ER JULY 2018 V 78 N 6

New president’s first letter: On relationships PAGE 5 A review of the recent amendments to Iowa’s Dramshop Act

ALSO THIS ISSUE IN PAGE 14 Cross-examination: The art of lost opportunity PAGE 26

2018 Annual Meeting in review Cindy Moser receives ISBA Award of Merit PAGE 9 Protect Your Client’s Success with MVS

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PATENTS • TRADEMARKS • COPYRIGHTS & ENTERTAINMENT • REGULATORY • LITIGATION • LICENSING • TRADE SECRETS The official publication of The Iowa State Bar Association.

EDITORIAL TEAM Volume 78 Editor-in-Chief Contributing Editor Number 6 Melissa Higgins Virginia Sipes, J.D. July 2018 515-697-7896 515-697-7897 [email protected] [email protected] Copy Editor General Inquiries Steve Boeckman Contents 515-243-3179 515-697-7869 [email protected] [email protected]

THE IOWA LAWYER (ISSN 1052-5327) is published monthly except for the combined December-January issue, by The Iowa State Bar Association, 625 East Court Ave., Des Moines, IA 50309-1904. One copy of each issue is furnished to association members as part of their annual dues. Non-member subscription rates are $40 per year. Periodicals postage paid at Des Moines, Iowa. POSTMASTER Send address changes to The Iowa Lawyer Magazine, 625 East Court Avenue, Des Moines, Iowa, 50309-1904. Members can contact the membership department to change their address by emailing membership@ iowabar.org. PRINTER The Iowa Lawyer Magazine is printed by Colorfx, 10776 Aurora Avenue, Des Moines, Iowa, 50322. Telephone 515- Board of Governors 270-0402. Design and Production: Mittera Creative. 22 Annual Meeting During the ISBA Annual ADVERTISING Meeting in Des Moines, CLASSIFIED. Qualifying ISBA members receive two free Features members of the ISBA Board non-job listings annually as a member benefit. Members of Governors held their 2018 ISBA Annual June meeting. Read what should contact the ISBA Communications Department for 7 Meeting in pictures was discussed and decided. ad placement. Non-member classified ad rate is $110 at 125 Nearly 550 attorneys Cross-examination: The art words per listing. See classified section for further details. attended the 2018 Annual 26 of lost opportunity Meeting, which featured For most lawyers, cross-ex- DISPLAY. Display advertising in The Iowa Lawyer more than 25 educational Magazine is handled by Larson Enterprises, 909 50th tracks and plenty of oppor- amination is, at best, a lost tunities to socialize. opportunity and at its worst, a Street, West Des Moines, Iowa, 50265. For display self-inflicted wound (an article advertising and non-member classified advertisement Moser receives 2018 by Senior Judge Robert Blink). 9 Award of Merit rates, contact Alex Larson at 515-238-4406 or alex@ Spotlight on Service: Sioux City attorney Cynthia 30 larsonent.com. Moser received The Iowa BrownWinick State Bar Association’s SUBMISSIONS highest honor bestowed on The Iowa State Bar Association seeks to publish original an individual -- it’s Award of Merit -- at the annual Columns articles that advance the education, competence, President’s awards gala. ethical practice and public responsibility of Iowa 40-year veteran of Iowa Legal 5 President’s Letter lawyers. Members are encouraged to submit articles 10 Aid receives Rolland Grefe and manuscripts to the editor for possible publication. About the Cover Pro Bono Publico Award 12 YLD President’s Letter Submissions should be no longer than 1,500 words, Long-time Iowa Legal Aid 12 Kudos although exceptions can be made. Footnotes should be Outgoing Iowa State Bar Executive Director, Dennis Groenenboom, received the Transitions kept to a minimum. Include a short bio of the author(s) Association President Steve Eckley Rolland E. Grefe Pro Bono 13 and professional photo(s) when submitting. NOTE: Not is pictured with Sioux City attorney Publico Award during the annual awards gala. 18 CLE Information all submissions are guaranteed publication. The editors Cindy Moser, after the ISBA Annual and bar leaders review all submissions to a make a A review of the recent 25 Thanks to Speakers determination of suitability for publication. Email all Awards Gala on Wednesday night, 14 amendments to Iowa’s Classifieds submissions to [email protected] in June 20. At the gala, Moser was Dramshop Act 28 Microsoft Word format. awarded The Iowa State Bar This article highlights the recent statutory amend- 29 In Memoriam Association’s Award of Merit. Read STATEMENTS OR OPINIONS ments and considers their more about her commitment to the relative implications on the The statements and opinions in this publication are administration of Iowa’s those of the authors and not necessarily those of The bar association and contributions to dram law. In Brief Iowa State Bar Association. Readers should consult the legal profession on page 9. Meet the 2018-2019 new 4 ISBA Business Law original sources of authority to verify exactness. 20 ISBA Board of Governors Practice Manual Advertising in this publication does not constitute and Chairs Now Available endorsement of a product or service unless Learn about the eight 50-year members honored, Board of Governors mem- 11 specifically stated. bers assuming leadership and roles in 2018-2019, as well Attorney Awards as multiple new section and committee chairs. 17 LSA Legislative Summary

THE IOWA LAWYER 3 JULY 2018 The Iowa State Bar Association In Brief 625 East Court Avenue, Des Moines, Iowa, 50309-1904 Main: 515-243-3179 Fax: 515-243-2511 www.iowabar.org [email protected] PRESIDENT Tom Levis W. Des Moines 515-274-1450 [email protected] PRESIDENT-ELECT Willard Boyd III Des Moines 515-283-3172 [email protected] VICE PRESIDENT ISBA BUSINESS LAW PRACTICE Jerry Schnurr III Ft. Dodge 515-576-3977 [email protected] MANUAL NOW AVAILABLE SECRETARY Dwight Dinkla Des Moines 515-697-7867 [email protected] The Iowa State Bar Association is pleased to present IMMEDIATE PAST PRESIDENT the 2018 edition of the Business Law Practice Manual. Stephen R. Eckley Des Moines 515-283-4637 [email protected] The two-volume manual is a project of the Business DISTRICT GOVERNORS Law Section Council of The Iowa State Bar Association. DISTRICT 1A Chris Even Dubuque 563-589-0830 [email protected] You may purchase either hard copy or electronic-only. Daniel Fretheim Dubuque 563-382-2959 [email protected] The electronic version has been enhanced to include DISTRICT 1B Fastcase hyperlinks for all cases and most references Shannon Simms Waterloo 319-291-6161 [email protected] Heather Prendergast Waterloo 319-234-4600 [email protected] to the Iowa Code or related secondary material. DISTRICT 2A Matthew F. Berry Clear Lake 641-357-7296 [email protected] TABLE OF CONTENTS - VOLUME I Patrick Vickers Greene 641-823-4192 [email protected]  Business Organizations Update DISTRICT 2B  The Iowa Business Corporation Act: The 2013 and Victoria Feilmeyer Ames 515-956-3915 [email protected] 2014 Amendments Jerry Schnurr III Fort Dodge 515-576-3977 [email protected]  Articles of Incorporation Bethany Currie Marshalltown 641-421-0990 [email protected]  Sample Bylaws DISTRICT 3A Jill Davis Spencer 712-262-1150 [email protected]  Completing the Organization Under the Iowa John M. Loughlin Cherokee 712-225-2514 [email protected] Business Corporation Act DISTRICT 3B  Duties, Liabilities and Indemnification of Directors Maura Sailer Denison 712-263-4627 [email protected]  Special Shareholder Concerns in the Closely James Daane Sioux City 712-252-2424 [email protected] Held Corporation DISTRICT 4  Sample Provisions Shareholder Agreement Kathleen Kohorst Harlan 712-755-3156 [email protected] Robert Livingston Council Bluffs 712-322-4033 [email protected]  Sample Stockholder Buy-Sell Agreement DISTRICT 5A  Dissolution of A Corporation Pursuant to the Iowa Mason Ouderkirk Indianola 515-961-5315 [email protected] Business Corporation Act Daniel Huitink Pella 641-621-8130 [email protected]  Professional Corporations DISTRICT 5B  Nonprofit Corporations Roberta Chambers Corydon 641-870-0108 [email protected]  Nonprofit Corporation Articles of Incorporation DISTRICT 5C  Nonprofit Corporation Bylaws Emily Chafa Johnston 515-986-0914 [email protected] Joseph Happe Des Moines 515-288-2500 [email protected]  Charitable Organization Reporting Requirements Margaret A. Hanson Des Moines 515-246-7957 [email protected]  Limited Liability Companies under the Iowa Limited Bridget R. Penick Des Moines 515-242-8902 [email protected] Liability Company Act Adam D. Zenor Des Moines 515-245-8902 [email protected]  Form of Operating Agreement Dawn Boucher W. Des Moines 515-267-1174 [email protected] Kathleen Law Des Moines 515-283-3116 [email protected]  LLCs as S Corporations Nathan Overberg Des Moines 515-243-7611 [email protected]  Partnership Law and Practice Under the Iowa Joe Moser Des Moines 515-288-0145 [email protected] Uniform Partnership Act Mary Zambreno Des Moines 515-246-4512 [email protected] William Miller Des Moines 515-283-1000 [email protected] TABLE OF CONTENTS - VOLUME II DISTRICT 6  The Iowa Uniform Limited Partnership Act (“IULPA”) Linda Kirsch Cedar Rapids 319-365-9461 [email protected] Lori Klockau Iowa City 319-338-7968 [email protected]  Overview of the Securities Laws Jonathan D. Schmidt Cedar Rapids 319-366-1000 [email protected]  Auditor Response Letters Robert Fischer Vinton 319-472-2353 [email protected]  Business Licenses Mark Parmenter Cedar Rapids 319-365-1184 [email protected]  Corporate Names, Registration of Marks, Registered DISTRICT 7 Agents and Office Foreign Corporations David J. Helscher Clinton 563-243-1243 [email protected] Christopher Surls Lowden 563-941-5301 [email protected]  Business Acquisitions Ian J. Russell Bettendorf 563-324-3246 [email protected]  Business Acquisitions: Non-Compete Rules DISTRICT 8A  Third Party Legal Opinions Rick Lynch Bloomfield 641-664-1997 [email protected]  Contractual Provisions and Procurements Ryan J. Mitchell Ottumwa 641-682-5447 [email protected]  Employment Practice in Iowa DISTRICT 8B  Basic Employment Benefit Plans Brian Helling Burlington 319-754-6587 [email protected]  Restrictions on Post Employment Competition: REPRESENTATIVES AND DELEGATES Iowa Judges Association Delegate: Contractual and Statutory Restraint Paul Scott Des Moines 515-286-3198 [email protected]  Issues Affecting All Business Organizations – ABA Delegates: Electronic Commerce Alan Olson Des Moines 515-271-9100 [email protected]  International Business Law David L. Brown Des Moines 515-244-2141 [email protected]  Jane Lorentzen Des Moines 515-244-0111 [email protected] Intellectual Property LEGISLATIVE COUNSEL TEAM  Patent Basics James Carney Des Moines 515-282-6803 [email protected]  Intellectual Property Audits Doug Struyk Des Moines 515-282-6803 [email protected]  Confidentiality, Ethics and the Business Client Jenny Dorman Des Moines 515-282-6803 [email protected]  Resources for Small Business ISBA YOUNG LAWYERS DIVISION OFFICERS YLD President Margret E. White Des Moines 515-244-4300 [email protected] Please visit iowabar.org/store to purchase the manual. YLD President-elect Abhay Nadipuram Des Moines 515-288-2500 [email protected] YLD Secretary Torey Cuellar Marshalltown 515 229-4140 [email protected] YLD Immediate Past President Thomas Hillers Des Moines 515-984-0091 [email protected]

THE IOWA LAWYER 4 JULY 2018 Columns President’s Letter RELATIONSHIPS TOM LEVIS, PRESIDENT

or my first President’s letter, I couldn’t have imagined back in 1971. Scalise allowed me to participate in thought I would take the time Who could have imagined that one day several major murder trials he was F to tell you a little about myself would be the defending. He let me meet with clients, and some of the more meaningful of the and Tom attend depositions, participate in hear- relationships I made in my legal career. Levis the president of the oldest vol- ings and sit at counsel table for trials. Let’s start with a little name-dropping. untary bar association in America and I even got to argue a motion or two to Iowa Supreme Court Chief Justice that, in 2018, they would be working several presiding (and I’m sure very pa- Mark Cady and I became friends in (and having a few PBRs) together. I tient) judges. In my mind, my clerking 1971 when we were 18-year-old fresh- thank my lucky stars that I established experience was the kind of mentoring men at . At the time, a relationship with the chief some 47 experience that every law student and the chief and I, and about 25 other years ago and I hope the chief feels young lawyer should receive. Thank male students, lived on the men-only the same. heaven for the relationship my dad had floor in the Herriott Dormitory, the In 1974, I started my legal education with a friend who knew the lawyers at only co-ed dormitory on Drake’s cam- at Drake law school. My law school Scalise Scism Gentry Brick and Brick. pus. All the other dorms were either all classmates included, among many After graduating law school in 1977, male or all female. other great lawyers, former Chief I proudly joined the firm and was lucky Because the co-ed dorm was new, the Justice Marsha Ternus, ISBA Executive to have the opportunity to be mentored chief and I, and our other dormitory Director Dwight Dinkla, former ISBA by Nolden Gentry. In 1977, Nolden was mates, initially thought we were pretty President Dan Moore and current DHS one of a handful of African American special. However, as a practical fact, Director Jerry Foxhoven (just to drop a lawyers in Iowa and a very active lawyer the men lived in the basement and the few more names). I still have a wonder- in community and civic matters. He women occupied the top three floors of ful relationship with these lawyers and was elected to the Des Moines School the dormitory. The men were prohib- most of the rest of my law class, some Board, served on the Iowa Commission ited from venturing upstairs and the four decades later. for the Blind, was a leader in United women had no interest in venturing While still a first-year law student, I Way and a leader on the Greater Des down to the basement. As a result, in- got a clerking position at a Des Moines Moines Community Foundation along stead of living in an all-male dormitory law firm then known as Scalise Scism with dozens of other voluntary civic with hundreds of other men, the chief Gentry Brick and Brick. I got the job boards and commissions. and I lived with about 25 other 18-year because my dad had a friend who Nolden helped me understand that olds in the basement. knew the lawyers at the firm. (Again, a community service and civic activities We discovered that, in addition to relationship was important). were an integral part of a successful being fellow students, we all had several While clerking for the firm, Larry law practice. According to Nolden, things in common: we were all 18 years old, subject to the Vietnam War draft, and we could all legally buy and drink alcoholic beverages. We played base- ball, football and basketball outside, and when it was too cold to be outside, we played cards. Drinking was not a huge pastime, but to say it didn’t take place would not be true. We all became good friends and many of us are still good friends to this day. As far as drinking, my somewhat cloudy memory is that I came to Drake a teetotaler and left with a profound love of PBR thanks, in large part to “the Honorable Mark Cady!” How- ever, the chief might remember it differently! Today, the chief and I marvel at how ISBA President Tom Levis shares a beer with Iowa Supreme Court Chief Justice Mark Cady at the Young Lawyers Division-sponsored “Corks and Forks” event Tuesday, June 19. our paths crossed again in ways we

THE IOWA LAWYER 5 JULY 2018 Columns President’s Letter with judges and court staff nearly every day. Young lawyers simply don’t have the opportunity to establish relationships with judges and lawyers and staff like I did. In addition, we all know that today’s lawyers communicate with one another by email in lieu of calling or meeting face to face. Many lawyers don’t pick up the phone and call simply because they haven’t established a relationship with opposing counsel. What does all this mean? Well, here is a simple test. Is it easier to settle a Levis is pictured (center) with Nolden Gentry (left) and Dr. David Saggau (right), both of whom attended Levis’ investiture ceremony. case or a discovery dispute with some- one you know or someone you don’t? getting involved in community service career. For Jim, these people made the We all know the answer. The Iowa and social activities will not only help practice of law an amazing adventure State Bar Association recognizes that you learn new skills, but will allow you every single day. Whenever I needed establishing relationships is critical to to establish relationships with other a little pick me up after a bad day or a a lawyer’s success. As such, starting this social and civic leaders. Nolden assured courthouse loss, Jim would reach into year, the Bar will be trying out some me that those relationships would pay his mental Rolodex and tell me a hilar- new and hopefully innovative ways for dividends later. He was so right! ious story about some relationship he lawyers, judges and court staff to meet Joe Brick was another mentor. After made during his career that you “could with one another and establish those graduating from law school, Joe took not make up.” critical “relationships.” me under his wing and taught me the In my 40 years of practice, there have I am really looking forward to art of how to make money practicing been hundreds of other relationships serving you this year. In addition to law. I was never as good as Joe, but with people who helped me grow and helping lawyers and judges establish he made sure I understood that the mature as a lawyer. I admit it. I have relationships, we will also be working practice of law is not just a profession; been lucky to have great friends and on many other very important issues it’s also a business. He introduced great mentors. I am 65 years old now facing the Bar, such as new legislation, me to bankers, CPA’s and many other and I can see how these relationships judicial funding, law school debt, law business leaders. As a result, I was able mattered in my life and how they to establish wonderful relationships impacted my career. with business leaders all over Iowa, A couple of weeks ago at the Bench- relationships that have, of course, paid Bar Conference, one of the major dividends throughout my legal career. topics of discussion was “relationships” My partner, Jim Brick, taught me and how important relationships are something not taught in law school. He to the success of lawyers (and judges). taught me to enjoy the practice of law, The Bench-Bar group discussed how even when times are tough. Jim made much more difficult it is today for The Levis family: Tucker, Wendy, Tom, Hunter. sure his mental Rolodex was filled with young lawyers to establish relationships interesting stories about fascinating with other lawyers, judges and court- school curriculum, diversity and inclu- people. As you might guess, they house staff. EDMS keeps most lawyers sion, access to justice, rural practice, were all people Jim had established out of the courthouse, the place where wellness, and solutions to the threats to a relationship with during his legal most of us used to meet and socialize the practice of law. If any of you have any thoughts or ideas on ways the ISBA could improve the lives and practices Joseph A. Happe of Iowa lawyers, please contact me. I’d Mediation and Arbitration Services welcome the opportunity to talk to Civil litigation, general liability, & worker’s compensation you. My email is tom.levis@brick- gentrylaw.com. My phone number is Member of National Academy of Distinguished Neutrals 515-274-1450. 30 years litigation experience Thank you for letting me serve. Multi-party mediation accommodation at the Des Moines office Tom Levis To Schedule: Shareholder at Brick Gentry P.C. Phone: Jenny (515) 246-7846 Email: [email protected] Online: www.davisbrownlaw.com/happemediations DAVIS BROWN KOEHN SHORS & ROBERTS P.C. 215 10TH ST., STE 1300 PHONE: 515.288.2500 DES MOINES, IA 50309 WWW.DAVISBROWNLAW.COM

THE IOWA LAWYER 6 JULY 2018 2018 Features Annual Meeting ANNUAL MEETING IN PICTURES More than 25 CLE tracks and plenty of social & networking opportunities

Iowa Supreme Court Justice Thomas Waterman was honored as “Outstanding Committee Chair” (with Co-Chair Matthew Novak) Outgoing President Steve Eckley is pictured with incoming President Tom Levis, during the official “passing of the gavel.” Levis will be the 132nd President of the ISBA. for planning the 2018 Bench-Bar Conference.

Outgoing Young Lawyers Division President Thomas Hillers presented the YLD Award of Merit to Laura Folkerts for her service to the YLD, specifically for her dedication to law school student outreach. New Young Lawyers Division President Maggie White addresses the crowd during the awards gala ceremony.

Tom Levis Shareholder at Brick Gentry P.C.

  

THE IOWA LAWYER 7 JULY 2018 Features Annual Meeting

A look down the main hallway at the Annual Meeting, where vendors were set up offering information about various Outgoing President Steve Eckley at the podium to begin the investiture ceremony of incoming President Tom Levis. legal-related products and services. Nearly 550 attorneys attended the 2018 Annual Meeting.

Levis presents the newly-completed ISBA Business Law Practice Manual to John Edwards, Drake Judges Kevin McKeever and Mary Chicchelly from District 6, at the YLD Corks & Forks event. The University Law School associate dean and director of The opening day plenary track featured Professor Todd Petty from the University of Iowa Judges Association annual conference is held in conjunction with ISBA Annual Meeting. the Drake Law Library. Iowa College of Law speaking on “The Iowa Constitution: Origins and Back Stories.”

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THE IOWA LAWYER 8 JULY 2018 Features 2018 Award of Merit Moser receives 2018 Award of Merit Contributions to the legal profession, the bar association and her community cited as reasons ioux City attorney Cynthia ment to fairness provided a calming Board, the Mercy Child Advocacy Center Moser received The Iowa State effect on the frequently contentious Advisory Board, the Mercy Foundation S Bar Association’s highest honor clashes between the opposing factions, Board, the Girls, Inc. Board, the Iowa bestowed on an individual -- it’s Award Eckley read. In addition, her countless Legal Aid Board and the University of of Merit -- at the annual President’s presentations on the value of Iowa’s Iowa Alumni Leadership Council. Awards Gala Wednesday night, June 20. judicial selection and retention process “The Iowa State Bar Association is The gala concluded this year’s three- to citizen groups and to the media fortunate to have Cindy as a member and day annual meeting at the Iowa Events were critical to the success of the ISBA’s to benefit from her many talents,” Eckley Center in Des Moines. efforts and to a better understanding concluded. “The association looks forward Outgoing President Steve Eckley pre- of Iowa’s judicial system. to many more years of her generous sented Moser with a crystal parthenon Moser has continued to serve the as- contributions. As a way of saying thanks statue and a framed proclamation in sociation even after her presidency. She and honoring the wonderful person she is, gratitude for her many contributions to currently serves on the Administrative The Iowa State Bar Association presents the profession, to the association and Committee helping decide administra- its 2018 Award of Merit to this giant of the to her community. tive and legislative policies and other profession: Cynthia C. Moser.” “Created in 1947, many aspire, but matters between Board of Governors’ few attain this coveted award,” Eckley read from the proclamation. “Those who attain it do so because they have PAST AWARD OF MERIT RECIPIENTS entered the rarefied air of selfless 1982 Rolland Grefe, Des Moines dedication to the legal profession, the 1983 F. James Bradley, Cedar Rapids bar association, and their communities, 1984 Orville Bloethe, Victor and have exhibited unequaled passion 1985 Philip Willson, Council Bluffs for the legal profession and their fellow 1986 John McClintock, Des Moines attorneys.” 1987 Allen Brennecke, Marshalltown Moser began her career as a clerk Cindy Moser addresses the crowd after receiving her award. 1988 Robert Van Vooren, Davenport for the Honorable W.C. Stuart, chief 1989 William Engelbrecht, Waverly judge for the U.S. District Court for meetings. In addition, she served as 1990 Russell Buchanan, Algona the Southern District of Iowa, before chair of the Scope and Correlations 1991 Robert Reimer, Denison entering private practice in Sioux City. Committee where she guided the five 1992 , Sioux City In her 41 years of practice, she has members of the committee in studying focused on healthcare and employment the structure, function and work of the 1993 Richard Zellhoefer, Waterloo law. She is a frequent lecturer on health various standing and special commit- 1994 Dick Schlegel, Ottumwa law and employment issues and is tees, the sections and other agencies of 1995 V. Jean Bartley, Iowa City widely recognized as a subject matter the Association, and in making recom- 1996 Marvin Berenstein, Sioux City expert on the Affordable Care Act, mendations to the Board of Governors 1997 Jay Honohan, Iowa City Eckley said. that result in better correlation and 1998 Hedo Zacherle, Des Moines Throughout her career, Moser has development of the association’s work. 1999 David Brown, Des Moines been actively involved in making the Previously, she served as chair of the 2000 H. Richard Smith, Des Moines Iowa legal profession one of the best in ISBA’s Health Law Section, and as a 2001 Robert Downer, Iowa City the nation. As ISBA president in 2012- director for the Iowa State Bar Founda- 2002 David Funkhouser, Mason City 2013 – the third woman to hold the tion. She also served as the chairperson 2003 Thomas Cahill, Nevada association’s top position – she focused of the two Judicial Selection Commit- 2004 Mary Lynn Neuhaus, Dubuque on providing services to attorneys to tees convened by Senators Grassley and 2005 Carroll Reasoner, Cedar Rapids help them meet the changing legal Ernst to recommend candidates for 2006 John Shors, Des Moines environment. She also focused on new nomination and appointment to the 2007 James Carney, Des Moines lawyers entering the profession, search- U.S. District Courts of Iowa. 2008 Bruce Graves, Des Moines ing for ways to address student loan A partner with the Heidman Law 2009 Ed Hansell, Des Moines debt and help them find meaningful Firm PLLC in Sioux City, Moser also 2010 Paul Tyler, Des Moines employment. takes time from her law practice to con- 2011 William Scherle, Des Moines Perhaps one of her greatest chal- tribute to her community. She served 2012 Marion Beatty, Decorah lenges in defending and promoting six years on the Sioux City Art Center 2013 Dan Moore, Sioux City the profession occurred when she was Board of Trustees, and two separate 2014 Nick Critelli, Des Moines president during the tumultuous 2012 stints on the Art Center Association 2015 Dwight James, Des Moines retention election of Iowa Supreme Board, a private non-profit fundraising Court Justice . Her arm of the art center. She also has 2016 JC Salvo, Harlan unflappable demeanor and commit- served on the Morningside College 2017 Guy Cook, Des Moines

THE IOWA LAWYER 9 JULY 2018 Features Rolland Grefe Award 40-YEAR VETERANof Iowa Legal Aid RECEIVES ROLLAND GREFE PRO BONO PUBLICO AWARD

ong-time Iowa Legal Aid Execu- well as his support for access to justice tive Director, Dennis Groenen- for all people. Mary died earlier this L boom, received the Rolland year, but the Grefe family continues to E. Grefe Pro Bono Publico Award support the award, and plans for it to Wednesday night, June 20, during the exist in perpetuity. annual Awards Gala that concluded the The award is important because 2018 ISBA Annual Meeting. it recognizes an individual who has RR_2017.pdf 1 1/6/17 7:26 PM The award is one of the most import- enhanced the human dignity of others ant activities at this annual banquet, by delivering pro bono legal services to President-elect Bill Boyd stated in the those unable to afford a lawyer, Boyd citation leading up to the award. It was continued. In so doing, the individual ISBA President-elect Bill Boyd (left) and former Iowa Legal Aid established by Rollie Grefe’s widow, commits his or her talent and training Executive Director Dennis Groenenboom (right). Mary, in his memory and in recogni- to improve the quality of justice in our tion of his long service to the ISBA, as communities and around the state. However, it was after he became Groenenboom was born on a farm executive director that he was able to ROLLAND GREFE PRO BONO near Eddyville the youngest of three multiply his individual efforts into an PUBLICO AWARD RECIPIENTS sons. He knew from an early age that organization that served many times he wanted to be a lawyer and work with more individuals than he could on The Rolland Grefe Pro Bono Publico Award was established by Rollie Grefe’s widow, Mary, in his memory underprivileged people. He acknowl- his own, Boyd said. He accomplished and in recognition of his support for access to justice for edges that the Vietnam War protests those achievements largely by building all people. The award comes with a $1,000 stipend. Mary and the civil rights movement had an coalitions with other entities, (Iowa Grefe passed away recently and her son, Roger Grefe, influence on him. So, he jumped at the Legal Aid has contracts with 16 United presented a $25,000 check to the ISBA to establish a opportunity to join the Legal Services fund to keep the award in existence in perpetuity. Way agencies around the state, for ex- Corporation of Iowa (the predecessor ample), by appealing dozens of cases to 2005 Marti Nerenstone, Council Bluffs of Iowa Legal Aid) when he graduated the supreme court and court of appeals 2006 Diane Kutzko, Cedar Rapids from the University of Iowa College of to clarify laws impacting low-income 2007 Donald Wine, Des Moines Law in 1978. people, by fostering and maintaining 2008 Behnaz Soulati, Des Moines In the early years with the Legal strong relationships with the ISBA 2009 Robert Holiday, West Des Moines Services Corporation, Dennis worked and the courts and by incorporating 2010 Thomas Fisher, Des Moines as a staff attorney, then as a managing technology to create a virtual intake 2011 Philip Garland, Garner attorney, senior staff attorney and dep- system that makes the agency available 2012 Scott Buchanan, Algona uty director. In 1992, he was appointed to anyone anywhere in the state. 2013 Robert Oberbillig, Des Moines executive director. During the time he “Partnerships and working in col- 2014 Brian Peters, Dubuque served as an attorney, he worked on laboration with others are keys to our 2015 Deborah Tharnish, Des Moines cases that focused on disability rights, longer-term success and viability – not 2016 Timothy Pearson, Des Moines senior citizens’ rights and issues with just ours as an organization, but ours 2017 Steven Jackson, Sr., Cedar Rapids Medicaid. as a judicial system and ours as a state,” Groenenboom said in an article in the Iowa Lawyer magazine shortly before he retired. “Legal Aid is a cog in that success, but we’re an important cog.” “I am pleased and honored on be- half of Mary Grefe and The Iowa State Bar Association to present the 2018 Rolland E. Grefe Pro Bono Publico Award to Dennis Groenenboom,” Boyd told the audience. “Please join me in recognizing and thanking Dennis for his many years of advocating for the down trodden and for his contributions to improving the legal profession and citizens’ lives in Iowa.”

THE IOWA LAWYER 10 JULY 2018

2017 R&R proof.indd 1 1/6/17 7:32 PM In Brief 50 YEAR MEMBERS HONORED & the Supreme Court Attorney Awards

Members of the class of 1968 who attended the luncheon honoring them for 50 years of service during the ISBA Annual Meeting are pictured: (front row, left to right): James McGuire, Daniel Spellman, James Mellick, David Willis, Richard Howes, John Perkins and Michael Kennedy; (second row, left to right):Thomas Clarke, Sr., Glenn Smith, Benjamin Blackstock, David McCoid, Charles Hannan IV, Gary Boveia, Stephen Petosa and John Livingston; (third row, left to right): Charles Kiple, William Smith, J. Michael Deege, H. Eugene Anderson, Martin Peterson, Marlin Volz, Jr., and Edward Johnson; (back row, left to right): William Lillis, Eugene Olson, Marion James, Robert Holliday, Cecil Goettsch II, Robert Shimanek, Stephen Hall and Frank Mitvalsky.

Supreme Court Luncheon t this year’s Annual Meeting Supreme Court Luncheon, each Supreme Court AJustice nominated an Iowa attorney to receive the newly-created Iowa Supreme Court Voice for Justice Award. This award is in recognition for the attorney’s support and contributions to the administration of justice. The nominations were made as follows: Chief Justice Mark Cady: Bill Wimmer; Justice David Wiggins: Emily Chafa; Justice Daryl Hecht: Dan Moore; Justice Brent Appel: Anjie Shutts; Justice Thomas Waterman: Matt Brandes; Justice : Sharon Greer; Justice Bruce Zager: Lora McCollom

As a surprise during the luncheon, Justice Cady also presented the Voice for Justice award to his Chief Counsel Molly Kottmeyer.

THE IOWA LAWYER 11 JULY 2018 Columns YLD President's Letter A letter from the new ISBA Young Lawyers Division President by Maggie White y first involvement with the a number of initiatives, and in the them to take advantage of free ISBA Young Lawyers Division was coming year we hope to continue and membership for students. M as a founding member of the expand upon those efforts. Here are a • Mentoring program: The YLD YLD Diversity Committee. Increasing few highlights: continues to offer a mentor program diversity is also what motivated me to • Ask An Advocate: In spring 2017, for attorneys in their first five years of run for a YLD officer position. In my the YLD launched an anonymous practice. The mentoring committee five years as an attorney, I’ve only seen question forum so young attorneys works hard to accommodate requests men hold the role of YLD President. could ask and answer questions without for mentors in specific practice areas, fear of embarrassment. It quickly geographic areas or with specific ex- became ISBA’s most-used listserv and periences. We have a large database of we’re looking forward to its continued experienced attorneys and judges who use and enhanced features with ISBA would love to mentor you, so please Engage integration. sign up if you would like to be paired • The Future of Legal Education with a mentor. Report: Working with Law School • Recruitment/Retention: Based Transparency, the YLD co-authored a on feedback from YLD members, we report on the future of legal education heard that young attorneys who aren’t in the United States. This report is in private practice litigation sometimes being presented at the American Bar feel like there aren’t enough ISBA ser- Association YLD Assembly at the ABA vices tailored for their unique needs. The Iowa delegates to the February ABA Midyear Meeting in Vancouver at the YLD Assembly (pictured are Annual Meeting this August in hopes We recently formed a working group to Kyle Fry, Kristen Shaffer, Abhay Nadipuram and Maggie White). of gaining national support. address some of those needs for young • Law Innovation Task Force: This attorneys in government, non-profit, group has made presentations to corporate, transactional and non-tradi- When Reed and Tom approached various legal groups in Iowa about tional practices. Our goal is to increase me about running, I thought it was threats to the legal profession from recruitment and retention numbers for time to mix things up, and I’m proud new technology. After presenting to members in these roles, as they tend to to begin the upcoming year with the ISBA Board of Governors in March, renew their ISBA memberships at lower the most racially and gender diverse requests were made to present the rates than those in private practice. slate of YLD officers in the history of information to district bar associations We plan to offer more targeted CLE the Iowa Bar. We have a great group and law firms. and networking opportunities in the leading the YLD, especially my fellow • Law Student Outreach: The YLD coming year. officers, Abhay Nadipuram and Torey has partnered with the University of • Advocacy: In April, I traveled with Cuellar, and have some exciting things Iowa and Drake University law schools other ISBA leaders to Washington, D.C. planned. to plan networking and philanthropic During the past year, the YLD has events with law students. At each of been hard at work with the ultimate these events, we provide promotional KUDOS goal of improving the lives of young materials to law students to encourage The ISBA would like to congratulate attorneys. Our group has accomplished the following individual for the honor received: United States Magistrate Judge Celeste F. Bremer, Southern District of Iowa, for being named the 2018 recipient of the Federal Magistrate Judges Association Founders Award. Judge Bremer was appointed as a U.S. Magistrate Judge in 1985. She has worked in Davenport and Des Moines as a prosecutor, as corporate counsel, and as a partner in private practice. The Founders Award is the most prestigious honor the FMJA bestows, and is presented to those who have made valuable and lasting contributions to the Magistrate Judges system of the United States Courts.

THE IOWA LAWYER 12 JULY 2018 Columns YLD President's Letter

for ABA Lobbying Day and spoke to many of Iowa’s senators and represen- tatives about continuing funding for TRANSITIONS the Public Service Loan Forgiveness Program. On a local level, the YLD has Benjamin W. Roberson has joined the Lynch Dallas, P.C. law firm in Cedar Rapids as an associate attorney. He received his J.D. from the University of Iowa rallied members around the state to College of Law in 2016. Roberson’s practice will focus on municipal law, workers’ lobby against judicial branch de-appro- compensation and insurance defense. Before joining Lynch Dallas, P.C., he priations. We will continue advocacy practiced with Scheldrup Blades law firm in Cedar Rapids. efforts for these and other important issues as the next legislative session Tyler Ernst has joined LaMarca Law Group, P.C. in Des Moines as an associate begins. attorney. He received his J.D. from Drake University Law School. Prior to joining the firm, Ernst worked for a law firm in Sioux City. His practice areas include civil The YLD meets quarterly for an litigation and personal injury law and he is licensed in Iowa, Nebraska and afternoon business meeting followed by . a social event. Our meetings are open to all young lawyers, and we always welcome new faces. If you’d like to join Caitlin Kilburg has joined Hennessy & Roach, P.C., in the firm’s Omaha office. She received her J.D. from Drake University Law School. Kilburg has dedicated us for a meeting or social, the dates her entire legal career to defending employers and insurance companies against and locations are as follows: workers’ compensation claims. • Oct. 12 at the Hotel Vetro in Iowa City • Jan. 11, 2019 at the Hotel Grinnell in Grinnell attorney better. I can be reached at: • March 29, 2019 at the Hotel Pattee in Perry [email protected] or 515- • June 11, 2019 in conjunction with the ISBA 345-4630 and would love to talk with Annual Meeting in Des Moines you about what the YLD can do for you. If you are an attorney in your first 10 years of practice or under the age Maggie White is the 2018- of 36 and are looking for a way to get 2019 President of the ISBA Manage Exchange involved with the bar association, meet Young Lawyers Division. She and Professional Risk new people and benefit from member is Corporate Legal Counsel for EMC Insurance, and previously with the Midwest’s services, please reach out so the YLD worked in private practice. She can connect with you. We’d also like graduated from Drake University Premier Exchange to hear any ideas you have for how the Law School in 2013. YLD can make your life as a young Resource

IPE 1031 6150 VILLAGE VIEW DRIVE • SUITE 113 WEST DES MOINES, IA 50266 515.279.1111 • 888.226.0400 FAX 515.279.8788 WWW.IPE1031.COM [email protected]

Some of the YLD executive team members pictured at the social event following the YLD quarterly meeting in Mason City in January.

THE IOWA LAWYER 13 JULY 2018 Features Zenor

A Review of the RECENT AMENDMENTS OF IOWA’S DRAMSHOP ACT by Adam Zenor

ramshop statutes exist in most This article endeavors to highlight who sold to and served the person to a jurisdictions across the United the recent statutory amendments point where the licensee or permittee D States and impose civil liability and briefly consider their relative knew or should have known the person on an establishment that wrongfully implications. would become intoxicated provided furnishes alcohol to an intoxicated IOWA’S AMENDED DRAMSHOP ACT: that the person was visibly intoxicated person for damages thereafter caused IOWA CODE § 123.92 at the time of the sale or service. by that intoxicated person. Dramshop IMPACT OF AMENDMENTS ON THE statutes are intended to discourage As recently amended, the liability irresponsible alcohol service and portion of the Iowa Dramshop Act pro- SCOPE OF DRAMSHOP LIABILITY compensate the public for hazards re- vides (with alterations indicated): The 2018 amendments seem sulting from the same. Such laws are a Any person third party who is not designed to impact the scope of dram creature of statute and often create the the intoxicated person who caused the liability in three (3) respects: exclusive remedy for irresponsible sale injury at issue who is injured in person • Standing; and service of alcohol. Because each or property or means of support by an • Sale and Service; and state’s statute is unique, dram liability intoxicated person or resulting from • Scienter. varies across jurisdictions. the intoxication of a person, has a STANDING right of action for all damages actually Iowa’s dramshop statute has been The first alteration to the statute, sustained, severally or jointly, up to in existence since 1862. The statute which explicitly prohibits recovery by the amount specified in paragraph remained generally unchanged until the alleged intoxicated person who (c), against any licensee or permittee, 1986 when the legislature removed caused an injury, relates to standing. whether or not the license or permit strict liability from our dram statute. Of course, standing is a legal principle was issued by the division or by the This spring, the Iowa legislature passed involving whether a person has a right licensing authority of any other state, a bill amending the Iowa Dramshop to bring a claim. And, as to dramshop who sold and served any beer, wine, Act. Governor signed liability, the statute previously stated or intoxicating liquor directly to the the bill into law on April 10, and it went that “any person” had a right to bring a intoxicated person, when the licensee into effect on July 1. claim, so long as all the other statu- or permittee knew or should have tory prerequisites were satisfied. But known the person was intoxicated, or that language has been revised. In its place, the legislature explicitly barred recovery for “the intoxicated person ..._ E UY EAL STATE_.. who caused the injury at issue.” W B R E The practical import of this statutory • ESTATES • DIVORCE • FORECLOSURE change, however, may be inconsequen- • BANKRUPTCY • PUBLIC NUISANCE • LAND CONTRACTS tial. Indeed, Iowa courts have long • TITLE PROBLEMS • PARTIAL INTERESTS • MORTGAGES / LIENS interpreted the dram statute to bar ANY PRICE, CONDITION, SITUATION recovery by the alleged intoxicated person. See e.g., Evans v. Kennedy, 162 NO CONTINGENCIES, FAST & FLEXIBLE CLOSINGS N.W.2d 182 (Iowa 1968). For example, in Evans, an administrator filed a dram (515) 344-4341 action on behalf of an estate of a fatally injured intoxicated person after he www.DesMoinesHomeBuyers.net consumed alcohol and then died in a single vehicle accident. The trial court

THE IOWA LAWYER 14 JULY 2018 Features Zenor

granted the dram’s motion to dismiss reaction to the Iowa Supreme Court’s intoxication at the time of the sale and for lack of standing. In affirming the recent holding in Sanford v. Fillen- service. trial court’s decision, the Iowa Supreme warth, which arguably enlarged the This amendment results in a more Court determined the statute’s purpose scope of what constitutes sale and stringent proof requirement and was to protect innocent parties and not service. 863 N.W.2d 286, 293–94 (Iowa appears to narrow the circumstances intended to allow a person who over- 2015) (finding sale and service could where a dram would be found liable. indulges to recoup his losses incurred even be remote from one another in IMPACT OF AMENDMENTS as a result of his own intoxication. Id. terms of time and location). Indeed, at 187. Accordingly, that the legislature Sanford held even being a third-party ON DRAMSHOP DAMAGES has explicitly prohibited recovery by beneficiary to the contract may be While Iowa courts have long held the alleged intoxicated person may be sufficient to satisfy the sale and service punitive damages were not recoverable insignificant. element. Id. Compare, Hawthorne v. in a dram case, there were no other On the other hand, dramshop plain- Estate of Krommenhoek, No. 12-1455, limits or caps on the size of a jury tiffs may ask the courts to interpret the 2013 WL 2637176 (Iowa Ct. App. June award. The 2018 amendments change change as having some significance. 12, 2013) (finding the sale and service that, adding a new paragraph (c) and Appreciate that Iowa courts hold a element unsatisfied as a matter of law thereby creating a soft cap on noneco- person who participated in the alleged where a dram’s alcohol was purchased nomic damages for each plaintiff. The intoxicated person’s imbibing by their by another and provided to a minor in new subsection provides: complicity or assumed the risk are also the dram unbeknownst to the dram). c. The total amount recoverable by each not innocent and barred from recovery. In short, by explicitly requiring Slager v. HWA Corp., 435 N.W.2d 349, sale and service be made directly to 351 (Iowa 1989); Berge v. Harris, 170 the alleged intoxicated person, the N.W.2d 621, 625–27 (Iowa 1969). By legislature appears to be narrowing explicitly prohibiting the alleged in- dramshop liability. toxicated person’s standing to recover SCIENTER and by not mentioning other classes of persons that Iowa courts have held The third alteration to the liability cannot recover may be influential in a portion of the statute will likely also statutory construction analysis. That narrow successful dramshop claims. said, complicity and assumption of the The alteration limits the scope of the risk have not been treated as standing statute’s scienter requirement because issues, but rather as affirmative defens- the scienter element now appears to es that the dramshop defendant bears require objective evidence that the the burden to prove at trial. intoxicated person was showing visible In short, whether this first alteration signs of intoxication. will have any practical significance may Of course, scienter connotes the be subject to future litigation. particular wrongfulness or culpabil- ity that the dram has in its service SALE AND SERVICE of alcohol to the alleged intoxicated The second alteration to the liability person. Iowa’s statute has required portion of the statute, however, will dram plaintiffs prove scienter since likely narrow successful dramshop 1986. This 2018 alteration modifies claims. The alteration merely inserts that scienter requirement. Specifically, the word directly after the words the alteration removes the dram’s sold and served [alcohol] and before obligation to predict or foresee how the the words to the intoxicated person. alcohol being furnished will impact the Because the ordinary meaning of patron. Now, liability appears limited directly is without changing direction to only those situations where the sale or stopping and with nothing or no and service was made directly to an one in between, this alteration seems to AIP who showed observable signs of narrow the sale and service element. This alteration may have been a

THE IOWA LAWYER 15 JULY 2018 Features Zenor

plaintiff in any civil action for noneconomic be licensed to sell and serve alcohol damages for personal injury, whether in tort, in Iowa. But others find it difficult to contract, or otherwise, against a licensee or sympathize with those feelings, given permittee, shall be limited to two hundred that the dramshop statute preempts all fifty thousand dollars for any injury or other forms of potential liability for a death of a person, unless the jury determines dram’s irresponsible service of alcohol that there is a substantial or permanent and the relatively modest insurance loss or impairment of a bodily function, limits required of dramshops. substantial disfigurement, or death, which Notably, the legislation also creates warrants a finding that imposition of such a a new subsection, 123.92(4), requiring limitation would deprive the plaintiff of just the Alcohol and Beverages Division compensation for the injuries sustained. to evaluate the minimum dramshop This amendment is a soft cap liability coverage every two years. The because the statute provides an avenue division previously had the authority for a jury to opt out of the limitation to evaluate and change minimum under certain circumstances. liability coverage, which is required of CHANGES TO DRAMSHOP all license and permit holders, but now must report to the General Assembly INSURANCE? how Iowa’s minimums compare with Adam Zenor’s practice involves Although there is scant legislative other states and any recommendations complex business litigation, white guidance as to what precipitated it has regarding those minimums. collar criminal defense, trials and these amendments, some suggest the appellate practice. He serves on the changes were driven by a view by some Board of Governors for both the Polk in Iowa’s restaurant and bar industry. County Bar Association and The Iowa State Bar Association. He is a Fellow That industry feels it unfair that it in the Iowa Academy of Trial Lawyers. should bear the burden to pay premi- ums for dramshop insurance. Indeed, dramshop insurance is required to

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THE IOWA LAWYER 16 JULY 2018 2018 Summary in Brief 2018 Regular Session, 87th Date convened: January 8 Date adjourned: May 5

Special to the Iowa State Bar Association Length: 118 calendar days Bills introduced: 1,000 Senate Files: 458 Lawmakers Pass Bills During 2018 Session House Files: 542

BUSINESS, LABOR, and INSURANCE Study Bills proposed: 423  Motor vehicle seat belts, comparative fault. SF 2135 Senate Study Bills: 222 House Study Bills: 201  Dramshop liability limitations, injuries. SF 2169  Public utilities, regulation, and energy efficiency. SF 2311 Bills and Joint Resolutions enacted: 176

 Farmland acquisition and duties of directors, corporations. SF 2314  Motor vehicle security interest discharges. SF 2325 Amendments filed: 828 Senate amendments: 322  Negotiable instruments, electronic stop-payment orders. HF 2171 House amendments: 506

CIVIL and JUVENILE LAW Iowa General Assembly Governor’s actions: Website  Bills and Joint Resolutions Fetal heartbeat, abortions, and fetal body parts. SF 359 2018 Enrolled Bills signed: 172  Small estate administration. SF 2099 Bills item vetoed: 3 Bills vetoed: 1  Power of attorney to relinquish spousal rights. SF 2139  Partition of property in kind or by sale. SF 2175 This page is produced by the Legal  Consumer protection and security freezes. SF 2177 Services Division of the Legislative Services Agency and contains a  Mechanic’s liens and collateral security. SF 2229 partial listing of legislation of interest  Property of decedent, distribution by affidavit. HF 2125 to the legal profession. A complete list  Scanning devices and encoding machines, prohibited uses. HF 2199 and summary of legislation enacted  Real property, redemption, foreclosure, and claims for rent. HF 2234 during the 2018 Legislative Session may be found at www.legis.iowa.gov/publications  Real property, time-of-sale requirement restrictions. HF 2286 and then by clicking on the second  Opioid prescribing and monitoring, immunity. HF 2377 to last link on the page titled  Juvenile delinquents, transfer of custody. HF 2381 “Summary of Legislation.”

 Power-of-attorney, termination or suspension of authority. HF 2402 The Legal Services Division provides legal  Medical support in child support actions. HF 2414 services to the General Assembly in a  Juvenile court records. HF 2443 nonpartisan objective manner, including bill and amendment drafting, legal and  Mental health and substance-related disorders, treatment. HF 2456 legislative research, official Iowa law  Small claims jurisdiction. HF 2492 publications, standing committee staffing, and Legislative Council, statutory, and CRIMINAL LAW AND PUBLIC SAFETY interim study committee staffing. Bill  Immigration law enforcement, state funds. SF 481 drafting services are also provided to state  Crime victim compensation. SF 2165 agencies, the Judicial Branch, and the  Kidnapping of a minor. SF 2230 Governor.  Carrying weapons. SF 2231  Critical infrastructure sabotage. SF 2235 Total Bills Requested, Introduced, and Passed  Portable weapons that direct an electric current. SF 2321 During the Designated Years  Commercial vehicle operation, texting or using a mobile phone. HF 2196  Contraband in community-based correctional facilities. HF 2255  Operating-while-intoxicated, temporary restricted license. HF 2338  Department of Natural Resources, seizure of property. HF 2342  Mechanical eavesdropping and interception of communications. HF 2392  Unmanned aerial vehicles, correctional facilities. HF 2492  Peace officers of the Department of Transportation. HF 2494  Reinstatement of driver’s licenses, drug convictions. HF 2502

TAXES  Inheritance tax modifications. SF 2303  Income, corporate, sales and use, and other tax changes. SF 2417 Passed  Parcels sold at tax sale, redemption. HF 2318 Introduced LSA Drafted Web access to the entire 2018 Summary of Legislation and archived summaries: https://www.legis.iowa.gov/publications/information/legislationSummary Information: Legislative Services Agency

Visit www.iowabar.org/socialsecurity for complete details

August 1 - 3 • In-person or Live Webinar

The three-day conference will feature the top Social Security disability lawyers from the Midwest and around the country. Presenters will introduce strategies and personal tips to improve your Social Security disability practice. Whether new to the scene or a seasoned veteran, the conference promises to be one of the best opportunities of the year to sharpen your skills.

Registration Form

Name: ______Member #: ______Phone #: ______Address: ______City, State, Zip: ______E-mail: ______Registration Fees: Prices below reflect the early-bird registration fees. Registering after July 30 will result in a $50 late fee being added on to your registration fee amount. ___ Registration (electronic materials only) - $275 ___ Registration (hard copy materials) - $300 Attendance Preference: In-person attendance will take place at the ISBA Headquarters (625 E. Court Ave., Des Moines, IA 50309). ___ In-person ___ Live Webinar Wednesday Night Reception (complimentary): ___ Yes ___ No Wednesday Night I-Cubs Game (please indicate if interested): ___ Yes (additional info sent via email) ___ No Thursday Lunch (provided with in-person registration): ___ Yes ___ No Thursday Night Reception (complimentary): ___ Yes ___ No Method of Payment: ___ Check enclosed Check Number ______Master Card ___ Visa ___ American Express ___ CLE Season Pass

Credit Card #: ______Exp. Date: ______Cardholder Signature: ______Special Considerations (dietary, hearing, vision, etc.): ______Return registration form to: ISBA CLE, 625 E. Court Ave., Des Moines, Iowa 50309 or fax (515) 243-2511 For questions: phone (515) 697-7874 or e-mail [email protected] Cancellation policy: Registration refunds will be issued only if written notification is received by the bar office by July 25, 2018. Written notification can be mailed, faxed or e-mailed to the bar office. CLE Calendar

July 19 July 24 August 1-3 IP Licensing Secured Transactions Under 8th Circuit Social Security (Live Webinar) Article 9 of the Iowa Uniform Disability Conference Commercial Code (In-person or Live Webinar) (Live Webinar) Des Moines

August 8 August 23 August 30 September 12 Top Financial Issues Those Affected by Avoiding Pitfalls: Often Dealing with the ‘A’ Word: During and After Divorce Dementia: Understanding Overlooked Contract Terms How to Calculate (Live Webinar) Their Needs (Live Webinar) Spousal Support (Live Webinar) (Live Webinar)

September 13-14 September 26 October 10 October 11 Bridge the Gap Seminar Preparing for Parenting Coordination Bitcoin Trends and IP West Des Moines Mediation (Live Webinar) (Live Webinar) (Live Webinar)

iowabar.org/calendar

Kunal K. Patra, MD Board Certified Psychiatrist AREAS OF PSYCHIATRIC-LEGAL CONSULTATION: Independent Psychiatric/Psychologic Evaluation with Medical Summary Reports

1. Traumatic Brain Injury cases from auto/ 5. Sexual Harassment Litigation for fall/workplace injuries for Personal Injury clients with PTSD, depression, anxiety, Litigation for PTSD. sleep problem. 2. Personal Injury Litigation cases with 6. Hostile workplace harassment Litigation psychiatric issues: Depression, anxiety, for clients with PTSD, depression, anxiety. sleep problem, tearfulness. 7. Competency Evaluations: Guardianship, 3. Personal Injury Litigation cases for Testamentary Capacity. clients with memory problems or 8. Evaluation: Competency to Stand Trial HUB TOWER, Suite 400 personality changes. & Diminished Capacity. 699 Walnut Street 4. Worker’s Compensation evaluations for 9. Determination of future medical care Des Moines, IA 50309 clients with PTSD, depression, memory and costs. 515-724-5880 problems, personality changes.

211 Sioux Point Road, St 300 Dakota Dunes, SD 57049 Redacted reports of actual cases as well as Attorney References 605-242-0024 for quality of services available at www.legal.1psychiatry.org 1 Psychiatry PC Medical-Legal Services does independent psychiatric [email protected] evaluations working for both plaintiff’s and defendant’s attorneys.

THE IOWA LAWYER 19 JULY 2018 Features New Leadership 2018-2019 New Leadership Welcome to the new Board of Governors members and section and committee chairs.

RICK LYNCH RAY RINKOL BOARD OF GOVERNORS: 8A – Bloomfield Labor and Employment NEW MEMBERS Firm: Lynch Law Office Law Section CHRIS EVEN Contact: lynchlaw@netins. Firm: Bradley & Riley – Cedar 1A – Dubuque net; 641-664-1997 Rapids Contact: rrinkol@bradleyriley. Even Firm: American Trust & Lynch Rinkol Savings Bank - Dubuque SECTIONS:NEW CHAIRS com; 319-861-8780 Contact: ceven@american- SAM LANGHOLZ CHRIS EVEN trust.com; 563-589-0830 Administrative Law Section Probate, Trust & Estate Plan- Firm: Chief Administrative DANIEL FRETHEIM ning Section Law Judge, Iowa Department 1A – Decorah Firm: American Trust & Sav- of Inspections and Appeals – Firm: Anderson Wilmarth ings Bank - Dubuque Des Moines Van Der Maaten Belay Contact: ceven@american- Fretheim Contact: sam.langholz@dia. Even Fretheim & Zahasky Langholz trust.com; 563-589-0830 iowa.gov; 515-281-6468 Contact: fretheim@ DAVID ERICKSON andersonlawdecorah.com; JOE HAPPE Real Estate & Title 563-382-2959 Alternative Dispute Law Section Resolution Section HEATHER PRENDERGAST Firm: Davis Brown Law Firm – Firm: Davis Brown Law Firm 1B – Waterloo Des Moines – Des Moines Prendergast Firm: Roberts Stevens Contact: daveerickson@davis- Contact: JoeHappe@ Erickson & Prendergast PLLC brownlaw.com; 515-288-2500 Happe davisbrownlaw.com; Contact: heather@neialaw. 515-246-7998 JAMES GOODMAN com; 319-234-4600 Taxation Section SCOTT LYON JOHN FLATEN Firm: Moore McKibben Elder Law Section 3A – Okoboji Goodman & Lorenz LLP FIRM: Disability Rights Iowa Firm: Maahs & Walleck - Marshalltown Flaten – Des Moines Contact: john.flaten@gmail. Contact: jgoodman@marshall- Contact: [email protected]; Goodman com; 712-310-3616 townlaw.com; 641-752-4271 515-278-2502 WILLIAM MILLER Lyon JAMES PRAY COMMITTEES:NEW CHAIRS 5C – Des Moines Environmental & Natural TYLER BULLER Firm: Dorsey & Whitney LLP Resources Law Section Appellate Practice Committee Contact: miller.william@ Firm: Brown Winick PLC – Firm: Iowa Department of dorsey.com; 515-283-1000 Miller Des Moines Justice – Des Moines MARY ZAMBRENO Contact: pray@brownwinick. Buller Contact: tyler.buller@gmail. 5C – Des Moines com; 515-242-2404 com; 515-281-5976 Firm: Dickinson Mackaman Pray LAURA PARRISH GUY COOK Tyler & Hagen PC Family & Juvenile Independence of the Judiciary Contact: mzambreno@ Law Section Firm: Grefe & Sidney PLC – Des dickinsonlaw.com; Firm: Miller Pearson Gloe Moines Zambreno 515-246-4512 Burns Beatty Contact: gcook@grefesidney. JOE MOSER & Parrish PLC - Decorah Cook com; 515-245-4300 5C – Des Moines Contact: lparrish@millerlaw- BETHANY CURRIE Firm: Finley Law Firm, PC decorah.com; 563-382-4226 Scope and Correlation Contact: jmoser@finleylaw. Parrish Committee com; 515-288-0145 Firm: District Court Judge - 2B Moser Contact: bethany.currie@ iowacourts.gov; 641-421-0990 Currie FRANCES HAAS Federal Practice Committee Firm: Nyemaster Goode PC - Des Moines – Adel – Des Moines Mediation and A rbitration Services Contact: fmhaas@nyemaster. Attorneys specializing in workers’ compensation, civil litigation, and family law cases com; 319-286-7007 Haas

E.J. Valerie A. Matthew A. Jane V. M. Anne Jeff H. Karla J. Paul L. Kelly Landis Grotnes Lorentzen McAtee Jeffries Fultz Macek Workers’ Workers’ Workers’ Workers’ Workers’ Civil Litigation Family Law Civil Litigation & Compensation Compensation Compensation Compensation Compensation Family Law

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THE IOWA LAWYER 20 JULY 2018 Features Outgoing Leadership Outgoing Leadership The ISBA would like to recognize the following individuals for their work during the 2017-2018 year. OUTGOING BOARD OF GOVERNORS MEMBERS OUTGOING BOARD OF GOVERNORS MEMBERS STEVE DRAHOZAL District 1A - Dubuque

GARY MICK District 1A – Guttenberg

JOHN WOOD District 1B – Waterloo

JOHN M. LOUGHLIN District 3A – Cherokee Outgoing President Steve Eckley with outgoing District 1A Governor Gary Mick. Eckley with outgoing District 1B Governor John Wood. NICOLLE SCHIPPERS District 5C – Des Moines

ROBERT BRECKENRIDGE District 8A – Ottumwa OUTGOING SECTION CHAIRS GEORGE EICHHORN Administrative Law Section

KRISTEN HALL Alternative Dispute Resolution Section Eckley with outgoing District 3A Governor John Loughlin. Eckley with outgoing District 8A Governor Robert Breckenridge.

GREG KENYON Elder Law Section OUTSTANDING SECTION CHAIR JOSEPH YOUNKER Environmental & Natural Resources Section

DAVID COX Family & Juvenile Law Section

EMILY PONTIUS Labor & Employment Law Section

MARK GRAY Probate, Trust & Estate Planning Section

ERIK FISK Real Estate & Title Law Section Eckley names Mark Gray, outgoing chair of the Probate, Trust & Estate Planning Section, as "Outstanding Section Chair" for 2017-2018. DELL RICHARD Taxation Section OUTGOING COMMITTEE CHAIRS JOHN MOORLACH Federal Practice Committee

AARON OLIVER Appellate Practice Committee

DWIGHT JAMES Independence of the Judiciary

CYNTHIA MOSER Scope and Correlation Committee

THE IOWA LAWYER 21 JULY 2018 Features BOG Annual Meeting Board of Governors Annual Meeting ISBA BOG honors leaders, welcomes incoming BOG members and sets goals for new year at Annual Meeting ACTIONS which replaced section listservs. their sections. The ISBA is also testing Resolutions approved by the ISBA Engage can be tailored by members the Child Support Calculator with the Board of Governors included: to their personalized content for their Family Law Section before it is officially respective practice area(s). Members released. The ISBA is exploring devel- • Honoring ISBA Immediate Past can post questions to the community opment of e-mail encryption for all President Steve Eckley in recognition and respond either to the entire group ISBA members and their support staff. of his service as ISBA President. or to an individual. Engage also stores ISBA Ways & Means Committee • Honoring Deceased Members. See entire email exchanges on a server that Chair Eric Turner presented the 2018- page 24. is searchable by topic. ISBA members 2019 Budget for approval by the ISBA Additional actions taken can decide whether they want to get Board of Governors and noted that by the BOG included: every email instantly or get email digest the ISBA remains in a strong financial • Approval of the 2018-2019 Budget. summaries either daily or weekly. position. • Approval of changes and additions to the Iowa Civil and Criminal Jury Instructions approved and recom- mended by the Iowa Jury Instructions Committee. • Approval of the reappointment of Frank Carroll and Elisabeth Reynold- son to The Iowa State Bar Foundation Board of Directors. REPORTS President’s report (June 20) ISBA President Steve Eckley reported on the election of the following individ- uals by the general membership: Jerry Schnurr – Vice President; Bill Boyd – President–elect; and David Brown – ABA Delegate. Eckley expressed his final remarks as ISBA President and thanked all who helped him during his presidency. Annual Meeting of the Corporation (June 21) Shipley reported that the ISBA is Dinkla provided a report on mem- ISBA Executive Director Dwight beta testing an app that will allow mem- bership, stating that recent member- Dinkla and ISBA Assistant Executive bers instant access to section emails, ship services and benefits efforts are Director Harry Shipley began the an- libraries of documents and contact having a positive effect on membership nual meeting of the corporation with a information for the other attorneys in trends. In particular, efforts to reduce presentation of Engage, a new resource annual loss of YLD members appear to be particularly effective. Early indica- HANSEN, MCCLINTOCK& RILEY tions are that the five dollar increase in LAW Y ERS section dues are not having a negative impact on enrollment in sections. All Types Civil Litigation Updated Probate and Business Law Mediation& Arbitration Services, including Manuals are available for purchase. commercial and employment disputes The digital versions of the manuals are now hyperlinked to Iowa Cases and the Chester C. “Trip” Woodburn, III Iowa Code though the ISBA’s free legal Fifth floor, U.S. Bank Building research tool, FastCase. 520 Walnut Street Legislative Counsel’s report (June 20) Des Moines, Iowa 50309 ISBA Legislative Counsel Jim Carney 515-244-2141 summarized successes of the 2018 ISBA 515-244-2931 (Fax) Affirmative Legislative Program and hmrlawfirm.com highlighted opportunities for the next legislative session. Assistant ISBA Legis-

THE IOWA LAWYER 22 JULY 2018 Features BOG Annual Meeting

lative Counsel Jenny Dorman reviewed legislative proposals that were success- fully defeated. The ISBA’s legislative team tracked over 620 bills during the last session. The LawPAC balance is approxi- mately $75,000. LawPAC supports all lawyer-legislator candidates regardless of political affiliation, whether incum- bents or challengers. There are 25 lawyer-legislator candidates this year. Two lawyer-legislators have retired and do not plan to seek re-election: Chip Baltimore and Helen Miller. Fred Hub- BOG member Beth Currie is recognized by fellow board members for her recent appointment as a judge in district 2B. bell is a lawyer candidate for governor. Probate, Trust and Estate Planning work among clerks’ offices statewide to Although the FY19 budget is slightly Section Chair Mark Gray (named improve efficiency; continuing to train better than previous years, it does not Outstanding Section Chair) reported judges on implicit biases, both race and account for any de-appropriations on the legislative session, including the gender; improving language access and that could be made mid-year. Judicial potential revenue effect from the in- increasing the availability of remote vacancies will be held open two months heritance tax set aside on Transfer on interpreter processes; and developing rather than 12 months. The vacancies Death accounts. The section is prepar- meaningful data collection processes will not impact the supreme court or ing comprehensive legislation revisions to measure justice outcomes to see court of appeals. for guardianships and conservatorships whether goals are being achieved. Incoming president’s remarks (June 21) for the 2019 Legislative Session. Also, the court is piloting a project to Incoming ISBA President Tom Levis The Iowa Secretary of State’s Office improve the bail bond system. appointed a task force to review and opened a new filing system that should greatly improve the speed of filing turnaround. YLD President’s report – (June 20) Eckley thanked outgoing YLD President Tom Hillers for his excellent service. Maggie White, incoming ISBA YLD president, reported the YLD is presenting a paper about law school debt transparency to the ABA YLD convention in August. The anonymous listserv that was started earlier this year has been very well-received and will continue. There are 60 mentor pairs matched this year. The YLD hosted so- cial and philanthropic events at the law schools that resulted in newer attorneys joining the ISBA. Dialogue with Iowa Supreme Court Chief Justice Mark Cady (June 21) Iowa Supreme Court Chief Justice Mark Cady reported that the court is trying to determine how to attract new court reporters and is also looking into remote reporting or digital recording of hearings. Additional projects focus on determining whether judicial dis- trict lines need to be changed in order to improve service – a required eval- uation every 10 years; redistributing

THE IOWA LAWYER 23 JULY 2018 Features BOG Annual Meeting

The Iowa State Bar Association Resolution Honoring Deceased Members The following resolution was approved by the ISBA Board of Governors at their June 2018 meeting: Whereas: The following individuals have served the legal profession with dignity and honor, and Whereas: They have been faithful stewards in upholding the Constitutions of the United States and the State of Iowa, and Whereas: They have been supportive members of The Iowa State Bar Association, and Whereas: They have unselfishly responded to any requests made of them to further the cause of the legal profession in the State of Iowa, now Herefore be it resolved: That we pause for a moment of silence to honor their passing New University of Iowa Law School Dean Kevin Washburn introduces himself to the board. from this life into eternity. James William Brown, 87, of Osceola died April 3. assess the size and makeup of the ISBA Rural Access to Justice Initiative will Brian Joseph Daiker, 44, of Ashton died Dec. 5. Board of Governors and consider be piloted in Oskaloosa this fall. Drake Lynette Donner, 58, of Urbandale died Jan. 29. whether it should remain in its present Law School ranked third in the nation form with 49 members or be reorga- based on success in ABA competitions. Daniel “Pat” Griffin, 74,of Des Moines died May 9. nized in some other manner. Levis Drake won the national championship Philip E. Harris, 66, of Edina, Minnesota died Jan. 12. created six small groups that will each for arbitration, and the negotiations Shannon Gant Holz, 54, of Des Moines died March 4. address and discuss a particular topic team went to the national semi-finals. Jerrold ‘Jerry’ Jacobsen, 92, of Cedar Falls died Feb. 28. between quarterly board meetings and Neil Hamilton is retiring next year so Jerry Larson, 81, of Harlan died April 25. report back to the larger board where the law school is searching for a new Ag any recommendations for changes will Law Director. Anderson also reported Robert “Tim” McCarthy, 88, of Des Moines, died May 22. be thoroughly vetted. The topics to on upcoming events and CLEs. Joseph F. McGinn, 87, of Council Bluffs died Dec. 13. be addressed include rural practice, University of Iowa Law School Dean Jeffrey W. Paul, 66, of Le Claire died Jan. 31. member services, threats to the legal Kevin Washburn introduced himself John Orville Reich, 74, of Panora died Feb. 2. profession, destruction of paper client to the board. He served as a federal files, wellness and mental health issues. prosecutor in New Mexico and as a Robert C. Reimer, 90, of Denison died April 27. trial attorney with the U.S. Justice John W. Sabbath, 86, of Cedar Falls died Feb. 9. Iowa Lawyer Assistance Program (June 21) Department. He has judicial experi- Jack Schroeder, 92, of Sarasota, Florida died Dec.19 Iowa Lawyers Assistance Program ence from his service as chief judge for Jerry Jay Smith, 81, of Spirit Lake, died March 11. Executive Director Hugh Grady and the Court of Appeals of the Saginaw Bruce A. Shawver, 84, of Hot Springs Village, ISBA Past President and Lawyers Help- Chippewa Tribe of Indians in Michigan Arkansas died Feb. 4. ing Lawyers Committee Chair Dan and as a justice of the Raymond O. Snook, 77, of Glidden died May 8. Moore commented on the importance for the Meskwaki Tribe in Iowa. He served as dean of the University of New Joseph J. Straub III, 61, of Algona died Dec. 30. of ILAP, highlighting the confidential services that the programs offer. Grady Mexico School of Law from July 2009 Michael Voorhees, 76, of Waukee died March 1. reminded the governors of his avail- to October 2012. In August 2012, he Edward N. "Ned" Wehr, 90, of Davenport died Jan. 27. ability to make CLE presentations. was nominated by President Obama to Ernest W. Wilcke, 92, of Spirit Lake died Dec. 21. serve as the assistant secretary to the Reports from the law schools (June 21) Bureau of Indian Affairs. Thomas X. Wright, 94, of Des Moines died March 23. Drake Law School Dean Jerry Applications to the University of Anderson announced that the Drake Iowa College of Law are up 11 percent from last year, but the college will not increase class size until it can ensure Mediation and Arbitration, there are enough jobs available for Litigation, Appeals, graduates. Professional Liability, and Contracts ABA Delegate Report (June 21) ABA State Delegate Alan Olson reported that there are several resolu- tions for this fall’s ABA conference in Chicago that reflect the concerns and issues Iowa lawyers raise. Olson will report back at the September meeting. *Thanks to ISBA BOG Members Jim Daane, Michael J. Streit District 3B, and Bethany Currie, District Phone 515-247-4708 2B, for their contributions to this report.

THE IOWA LAWYER 24 JULY 2018 Columns Thanks to Speakers THANKS TO SPEAKERS Dr. Richard Deming, Medical Director, Mercy Cyndy Miller, Legal Director, Disability Rights Iowa DEMYSTIFYING THE IOWA SUPREME Cancer Center Rebecca Miller, Nyemaster Goode, P.C. COURT APPLICATION PROCESS Kelly Dineen, Creighton University School of Law, Amy Moore, Mid-Iowa Mediation and Law PLLC Attorney and Registered Nurse Dan Moore, Moore, Heffernan Moeller (IN-PERSON OR LIVE WEBINAR) Brian Crotty, HDH Advisors, LLC Johnson & Meis, LLP Tuesday, June 5, 2018 Diane Dornburg, Carney & Appleby PLC Ann Naffier, Justice For Our Neighbors Sponsored by The Iowa State Bar Association Hon. Richard Doyle, Ron Nielson, CliftonLarsonAllen LLP Diversity & Inclusiveness Committee Carol Dunbar, Chapter 13 Trustee Jeffrey Noble, Assistant Polk County Attorney Hon. Rebecca Goodgame Ebinger, United States District Jason Dunn, Public Defender’s Office Megan Norberg, Iowa Legal Aid Judge, Southern District of Iowa Jay Eaton, Retired Attorney, Nyemaster Goode, PLC Hon. David Odekirk, District Court Judge, District 1B Larry Johnson, Jr., Office of the State Public Defender Steve Eckley, Belin McCormick PC Henny Ohr, Ethnic Minorities of Burma Advocacy and Christina Thompson, Phil Watson PC Nicole Facio, Newbrough Law Firm LLP Resource Center (EMBARC) Justice Thomas Waterman, Iowa Supreme Court Dr. Brian Farrell, University of Iowa College of Law Bryan O’Neill, Dickinson Mackaman Tyler & Hagen PC Michael Feichtinger, Minnesota Lawyers Mutual Ann M. O’Rourke, National Holocaust Museum BRINGING AND DEFENDING WILLFUL Ray Fielder, Special Agent, Intelligence Unit Terry Parsons, Olsen & Parsons Law Firm Erik Fisk, Whitfield & Eddy, P.L.C. Prof. Brent Pattison, Director of the Joan and Lyle Middle- INFRINGEMENT CLAIMS Matthew Fitterer, Risk Control Attorney, CNA ton Center for Children’s Rights, Drake Law School (LIVE WEBINAR) Financial Corporation Sue Pence, Bankers Trust Charissa Flege, Iowa Coalition Against Domestic Violence Bridget Penick, Fredrikson & Byron, P.A. Wednesday, June 13, 2018 Hon. Stephanie Forker Parry, District Associate Judge, Deborah Petersen, Petersen Law PLLC Sponsored by The Iowa State Bar Association District 5C Prof. Todd Pettys, H. Blair and Joan V. White Chair in Intellectual Property Law Section Kirsten Frey, Kennedy Cruise Frey & Gelner LLP Civil Litigation, University of Iowa College of Law Allison Kerndt, Nyemaster Goode, PC Brian Galligan, Galligan & Reid PC Alejandra Pina, Iowa Legal Aid Hon. Arthur Gamble, Chief Judge, District 5C Hon. Jeffrey Poulson, District Court Judge, District 3A CHILD SUPPORT GUIDELINES Sydney Gangestad, Legislative Liaison George Psiharis, Clio Theresa Garthwaite, Risk Control Specialist, Lawyers Bruce Reeve, Laboratory Administrator, Iowa Division of (LIVE WEBINAR) Professional Liability Criminal Investigation Wednesday, June 13, 2018 Timothy Gartin, Hastings, Gartin & Boettger LLP Roxann Ryan, Commissioner, Iowa Department Sponsored by The Iowa State Bar Association Family & Michael Gilmer, Davis Brown Law Firm of Public Safety Juvenile Law Section and Drake University Law School Hon. Rebecca Goodgame Ebinger, United States District Cindy Rybolt, Iowa Legal Aid Eric Borseth, Borseth Law Office Judge, Southern District of Iowa Jacqueline Samuelson, Whitfield & Eddy PLC Hon. Eliza Ovrom, District Court Judge, District 5C Elizabeth Goodman, Attorney for the Chapter 13 Trustee Robert Sand, Assistant Iowa Attorney General Mark Gray, Hodges & Associates, PLC Wendy Scheetz, Department of Human Services ANNUAL MEETING SEMINAR Hon. Marlita Greve, Chief Judge, District 7 Roxann Scheffert, Department of Corrections Ashley Grieser, McKinney Law Office P.C. Todd Schmidt, Iowa Legal Aid June 18-20, 2018 Jami Hagemeier, Williams & Hagemeier PLC Julie Schneider, Youth Emergency Services and Shelter Hon. Paul Ahlers, District Associate Judge, District 2B Kristen Hall, Hall Mediation & Law PLLC Bradley Schroeder, Hartung & Schroeder, LLP Rachel Antonuccio, Johnson County Public Michael Harger, I.T. Director, Southern District of Iowa Hon. Joseph Seidlin, District Associate Judge, District 5C Defender’s Office Scott Hartsook, Iowa Legal Aid Laurie Shipper, Domestic Violence Coalition Justice Brent Appel, Iowa Supreme Court Jonathan Heggen, Legal Services Division Editor, Legisla- Hon. Anita Shodeen, Chief Judge, United States Bank- Jason Bahr, Detective, Webster County Sheriff’s Office tive Services Agency ruptcy Judge, Southern District of Iowa Bruce Baker, Nyemaster Goode PC Thomas Hillers, Hupy and Abraham, S.C. Prof. Jennifer Skeem, UC Berkley Van Bawi, EMBARC Tami Hoffman, Department of Human Services Amy Skogerson, The Law Shop by Skogerson McGinn LLC Leslie Behaunek, Nyemaster Goode PC Andrew Howie, Shindler Anderson Goplerud & Weese PC Chantelle Smith, Assistant Attorney General James Benzoni, Benzoni Law Office P.C. Prof. Emily Hughes, University of Iowa College of Law Patrick Smith, Bradshaw, Fowler, Proctor & Fairgrave PC Andrew Boettger, Hastings Gartin & Boettger LLP Brian Ivers, RSH Legal Michael Streit, Ahlers & Cooney PC Amy Botkin, Vocational Resources Plus LLC Hon. Stephen Jackson, Jr., Magistrate Judge, Southern Doreen Sutton, Vice President, National Court Reporters Matthew Brandes, Simmons Perrine Moyer Bergman PLC District of Iowa Association (NCRA) Trinity Braun-Arana, Assistant Director for Boards and Jill Jensen-Welch, Dickinson Mackaman Tyler & Hagen PC Kristine Tidgren, Center for Agricultural Law and Taxa- Commissions, Office of Professional Regulation R. Scott Johnson, McKee Voorhees & Sease PLC tion, Iowa State University Hon. Celeste F. Bremer, Magistrate Judge, Southern Jennifer Juhler, Director of Education, State Brooke Timmer, Fiedler & Timmer P.L.L.C. District of Iowa Court Administration Tara van Brederode, Assistant Director for Attorney B. John Burns, Assistant Federal Defender, Federal Public Dan Junk, Courtroom Technology Specialist, Southern Discipline, Office of Professional Regulation Defender Office District of Iowa K. Dwayne Vande Krol, Nyemaster Goode PC Jacob Bylund, Faegre Baker Daniels LLP Hon. William Kelly, District Court Judge, District 5 Julie Vyskocil Brick Gentry PC Angela Campbell, Dickey & Campbell Law Firm PLC Michael Kennedy, Kennedy Cruise Frey & Gelner LLP Jeffrey Walters, Clemens, Walters, Conlon, Michael Carlson, Office of the District Attorney, Cobb Hon. Chad Kepros, District Judge, District 6 Runde & Hiatt, LLP Judicial Circuit Gregory Kenyon, Bradshaw Fowler Proctor & Fairgrave PC Christopher Warnock, Law Office of Christopher Warnock Prof. Ron Carlson, University of Georgia School of Law Hon. Adria Kester, District Court Judge, District 2B Justice Thomas Waterman, Iowa Supreme Court Kimberly Carson, Iowa Judicial Branch Robert Kirkland, Kirkland Woods & Martinsen LLP Jana Weiler, Davis Brown Law Firm Ann Carothers, Registered Professional Reporter, Certi- Jacob Koller, Simmons Perrine Moyer Bergman PLC J. Michael Weston, Lederer, Weston &Craig PLC fied Reporting Instructor Ellen Krug, Human Inspiration Works, LLC Hon. David Wiggins, Iowa Supreme Court Kevin Caster, Shuttleworth & Ingersoll, P.L.C. Gen Langh, EMBARC C.J. Williams, Chief Magistrate, Northern District of Iowa J. Andrew Cederdahl, Assistant Attorney General Hon. Jeffrey Larson, Chief Judge, District 4 Hon. Colin Witt, District Associate Judge, District 5C Roberta Chambers, Retired Attorney Taylor Larson, Recent Drake Law School Graduate Bryan Woodward, I.T. Director, Northern District of Iowa Benjamin Chatman, SUMO Group Inc. Joey Leonhart, Director of Human Resources, State Joel Yunek, Yunek Law Firm PLC Hon. Mary Chicchelly, District Court Judge, District 6 Court Administration Julia Zalenski, Johnson County Public Defender’s Office Jeffrey Clayton, Executive Director of the American Matthew Lindholm, Criminal Defense Attorney Jaclyn Zimmerman, Grefe & Sidney, PLC Bail Coalition Holly Logan, Davis Brown Law Firm Deanna Clingan-Fischer, Ombuds Officer, Iowa Scott Lyon, Adult and Investigations Staff Attorney, FAST TRACK FILING State University Disability Rights Iowa Brandon Cole, Brown Winick PLC Eric Manley, Associate Professor of Computer Science, (IN-PERSON OR LIVE WEBINAR) Hon. Thad Collins, Chief Judge, United States Bankruptcy Drake University Tuesday, June 26, 2018 Judge, Northern District of Iowa Eldon McAfee, Brick Gentry PC Sponsored by The Iowa State Bar Frank Comito, Neu, Minnich, Comito, Halbur & Neu, P.C. Kim McIrvin, Department of Corrections Association Business Law Section Timothy Coonan, Davis Brown Law Firm Hon. Kevin McKeever, District Court Judge, District 6 Kyle Phillips, Iowa Secretary of State’s Office Tré Critelli, Office of Professional Regulation James Meade, Meade Law Office David Cox, Bray & Klockau PLC William Frederick Meinecke, Jr., National J. Michael Deege, Wilson Deege Despotovich Riemen- Holocaust Museum schneider & Rittgers Elizabeth Meyer, Davis Brown Law Firm

THE IOWA LAWYER 25 JULY 2018 Features Blink CROSS- The art of lost opportunity EXAMINATION by Robert J. Blink

or most lawyers, cross-examina- Successful cross requires control of the order of the questioning must be tion is, at best, a lost opportuni- the witness. The greatest tool of control determined. F ty and at its worst, a self-inflict- is the leading question. Control can A simple equation should dic- ed wound. This is due to the common also be exerted by superior knowledge tate how one approaches a given error of considering cross-examination of the case specific facts. Knowledge cross-examination: x=m4w. From the tantamount to impeachment. It is is indeed powerful. Once the witness perspective of the cross-examiner the not. It is far more, and the skilled trial is clearly aware that the examiner has interrogation of an opposing witness lawyers know this. a superior knowledge of the facts, presents three possibilities: evidence To try a lawsuit is to tell a story. Each they are less inclined to “expand” or that supports my theory (mt), evidence advocate is confined to the same set of “stretch” their personal knowledge. that contradicts their opponent’s theo- facts, the same governing law and the This can be done through a gentle re- ry (tt) and evidence that challenges the immutable rules of human nature. A minder of facts the witness has omitted credibility of their witness (tw) – mt, trial lawyer’s story is his or her theory or advising them of other evidence in tt, tw. of the case – what is most compelling the case of which they were not aware. This approach has the benefit of given all the facts, disputed and Several pointed questions eliciting a disarming a witness well prepared to undisputed. concession of ignorance as to some withstand an anticipated attacking Not all the facts in a case beneficial facts may be sufficient. cross-examination. Here, there is to one’s theory are within the knowl- A question can be leading in its no immediate attack but a subtle edge of the witnesses one would call verbiage or in its delivery. The inflec- solicitation of seemingly unimportant to the stand. Inevitably, there are facts tion of the examiner’s voice, the raised information. This may lull the witness helpful to telling one’s story that can eyebrow at the end of the question, into a sense of false security and, if only be offered through witnesses peeking over one’s glasses can all lead impeachment is exercised, the witness tendered by one’s opponent. the witness to the expected answer. is caught off guard by the change in Once the concept is understood There are four basic variables in our interrogative intensity. Above all, a that opposing witnesses may provide verbal communication: meter (rate of cross-examiner must maintain a realis- testimony helpful to the theory of the speech), amplitude (volume of speech), tic expectation of what is to be gained cross-examiner, impeachment becomes pitch (high and low octaves of speech) through the exercise – people admit a component of the interrogative and pause (the interruption and dura- what they can’t deny and deny what process, not the exclusive purpose. tion of silence between words). Any or they can’t afford to admit. The first question for the cross-ex- all these tools can be used to question If the witness has significant infor- aminer is whether it should be under- the witness and take them where the mation that supports my theory of the taken. Cross is the art of neutralization. examiner wants them to go. case, that should be garnered first. Do Has the direct done any significant Most lawyers cannot abide silence not attack the witness because his or injury to one theory of the case? If in a courtroom. Many simply enjoy her credibility buttresses the reliability not, there should be no cross unless the sound of their own voice. This is of their helpful information. Once information favorable to one’s theory contrary to humility and one of the the “my theory” evidence has been could be adduced, or the nature of reasons jurors find trial lawyers arro- addressed, or if there is none, move the witness compels it, such as a party gant. Others fill the room with words on to any evidence in the witness’s opponent. because they are talking while deciding knowledge that does prejudice to the To cross-examine infers that damage what they really want to say. This results opponent’s theory, “their theory.” has been done on direct. The converse in convoluted questions that confuse Again, this does not require damag- is true: to not cross infers no injury was the jury and drive court reporters ing the witness’s credibility. Here one done. The same can be said of redirect bonkers. It is not a sin to think before would elicit facts from an opponent’s examination. Don’t inquire when one speaks; before one asks a question. witness that differs from the facts on the witness is passed unless there is a Short, simple, well-thought-out ques- the same topic tendered by another of specific reason to do so. tions will improve one’s interrogation your opponent’s witnesses. The most Cross-examination does not mean and cross-examination, exponentially. fertile for this kind of inquiry usually equal time. Content, not duration, is Whether a witness is to be cross-ex- concerns one of the three components the key. Jurors appreciate examiners amined and what topic or topics are of legal competence: the ability to who are surgical, get to the point, ask to be addressed should be determined observe, remember and relate. Perhaps questions they would ask and don’t well before trial. Once the decision it relates to different times or different waste their time. to cross-examine has been made, locales or differing words seen or heard

THE IOWA LAWYER 26 JULY 2018 Features Blink

by the two witnesses. There can be but on direct that they cannot disavow the ment was true?” or “They can’t both be one truth about any given fact, and the content of that testimony. This is done true, can they?” If the impeachment disparity in the witnesses’ testimony by asking if the testimony on direct was procedure has been properly followed, ultimately diminishes the reliability of correct. If they waver, they are already however, the inconsistencies should be both – in closing argument. One might impeached. If they adopt the testimo- so apparent that the follow-up question call this “invisible impeachment,” be- ny, a second question in the same vein may not be necessary. cause neither of the witnesses has their should be asked, with the cross-exam- The topic of cross-examination veracity attacked on the stand, when iner appearing to be wounded or hurt exceeds the space accorded here. But they might explain. The contradiction by the in-court statement. This embold- the key is this: cross-examination is not arises at the end of the case. ens the witnesses and causes them to merely attacking the opponent’s wit- The “their theory” stage of cross-ex- aver the truth of that statement. The nesses, it is much more. On cross-exam- amination is powerful and subtle. Be- feigned weakness of the examiner ination, seek information that supports cause there is no direct confrontation makes the witness more strident. your theory of the case, evidence that of the witness, seemingly harmless facts Second, the witness must confirm highlights the internal inconsistencies are conceded by the witness without that he or she made a prior statement. in your opponent’s case, and then notice. These are the seeds of problems This is done by drawing attention to and only then should credibility be for opposing counsel that are harvested the prior statement and getting a con- challenged. in summation. cession that they recall the time, date Only once the cross-examiner and place of the prior statement. Robert J. Blink is a Senior Judge for exhausts the “my theory” and “their Third, the reliability of the prior Judicial District 5C. He served as theory” evidence, or there is none, statement must be established. This is a trial judge for 22 years after a 20- does he or she proceed to attacking done by having the witness admit the year career as as criminal and civil “their witness.” Only impeach a witness prior statement was under oath. Or, if trial lawyer. He has been a professor of Trial Advocacy at Drake University if there is a purpose for doing so and not under oath, the witness should be Law School since 1981. only to the degree necessary. There is a asked leading questions to the effect significant difference between “destroy- that they told the truth on the prior ing a witness” and specifically refuting occasion. a portion of their testimony. There are Fourth is the confrontation stage but a few highly skilled cross-examiners where the cross-examiner presents Mediations and Arbitrations that can maintain a witness’s credibility the witness with the exact language of on some points but ruin it on others. the prior statement. But immediately Jeffrey A. Boehlert For most, cross is an all or nothing before doing so, opposing counsel must Personal injury, employment claims, proposition: get favorable material or be directed to page and line of the business and commercial disputes impeach the witness completely. deposition being used or the identity Member, American Academy of ADR Attorneys, There are four basic means of of the document being relied upon for AV Rated, over 35 years of litigation experience impeaching a witness: the impeachment. 1. prior inconsistent statement, This confrontation can be accom- 2. weak competence: the compro- plished in one of several ways. The Patrick V. Waldron examiner might ask the witness if he mised or inability to observe, remem- Specializing in workers’ compensation ber and relate, or she recalls the previous question and civil litigation 3. impeachment by human motives – and the answer, reading each verbatim. Member of American Academy of ADR Attorneys, words or actions of the witness that Or the examiner might approach the AV Rated, over 20 years of civil litigation and workers’ compensation experience are either consistent or inconsistent witness stand and present the prior with how an ordinary person would statement to the witness, asking him or speak or act under the circumstances. her to confirm that it is their statement. This is usually evidenced by identi- Then the examiner reads the question Gregory A. Witke fying the person’s personal motives and answer aloud and, after conclud- All types of civil litigation – love, fear, pain, greed and the rest of ing, asks the witness, “Did I read that Member of International Academy of Dispute Resolution, AV rated with 30 years the seven deadly sins and correctly?” The third option is to of litigation experience 4. prior felony convictions or prior approach the witness stand, have the bad acts. witness confirm the document is his Impeachment by prior inconsistent or her prior statement and then direct statement is the most common tech- the witness to read the prior question 515-283-2147 nique employed to diminish credibility. and answer aloud to the jury. Once 505 Fifth Avenue, Suite 729 Des Moines, IA 50309 To be effective, a specific litany must the two different statements have been www.pattersonfirm.com be followed. First, the witness must be disclosed in this way to the jury, one so firmly committed to the statement might ask the witness, “Which state-

THE IOWA LAWYER 27 JULY 2018 Columns Classifieds

POSITIONS AVAILABLE FAMILY LAW ASSOCIATE ATTORNEY LATERAL HIRE – Stanley, Lande & Hunter, ASSOCIATE ATTORNEY – Walk & Murphy, – Arenson Law Group, PC, Cedar Rapids, Davenport, IA - We are seeking a highly moti- PLC, Osage, IA – Seeking an associate IA - Seeking an aggressive family law attorney vated attorney for the firm’s Davenport office attorney with a business background to join with a minimum of three years of real to assist in our Iowa and Illinois business our firm. Walk & Murphy is also the Mitchell practice experience to join our team. Client practice. Experience preferred in commercial County Attorney’s Office. Primary beginning base preferred. Strong marketing program. transactions, including business purchases responsibilities will be the prosecution of We seek an attorney who wants to continue and sales, business planning, and real estate. criminal matters and attending juvenile court to develop their family law practice in the Candidates should have 3-7 years of practice hearings. Attorney will be trained in probate, Corridor area. A successful candidate will experience in transactional work and possess real estate, taxes and general litigation. No be self-sufficient, organized, have the ability excellent client development skills. License billable hour requirement and a two-year to work from retainers only, and have a and experience in Iowa and Illinois preferred. partnership track. For more information, visit litigation background, as well as excellent All inquiries will be kept confidential. To http://careers.iowabar.org/jobs/11106461/ communication skills and entrepreneurial apply, visit http://careers.iowabar.org/ associate-attorney spirit. To apply, visit http://careers.iowabar. jobs/11030791/lateral-hire ASSOCIATE ATTORNEY – Lloyd, McCo- org/jobs/11077986/family-law-associate- COUNSEL-AGRI/FARM INSURANCE – nnell, Davis & Lujan, L.L.P., Washington, attorney Nationwide Insurance, Des Moines, IA – The IA – The law firm of Lloyd, McConnell, Davis ASSOCIATE ATTORNEY – Shafer & Counsel position provides Claims/Legal sup- & Lujan, L.L.P. in Washington, is currently Shafer Law Office, Waukon, IA - Seeking port for all Nationwide Agribusiness (NWAG) seeking an associate attorney to join its team. an associate with 0-5 years’ experience for a and Farm for casualty, property and Workers The law firm has been a general practice firm well-established county seat, single member Comp claims across the country. The position from its inception over 100 years ago and at general practice firm. Primary areas of is located in Nationwide’s Des Moines, IA the present places emphasis on estate plan- practice include real estate, probate, taxation Office and will work directly with the NWAG ning and probate, agricultural law, real estate and business law. Applicants should possess leadership team in that office. To apply, visit transactions, business law, taxation and family strong communication skills, be community http://careers.iowabar.org/jobs/11021796/ law. In addition to the four attorneys, the law minded with the goal of becoming partner. counsel-agri-farm-insurance firm employees a highly competent staff of six Please email cover letter and resume to: Attn: paraprofessionals. For more information, visit ADMINISTRATIVE LAW JUDGE II – State William J. Shafer, [email protected] http://careers.iowabar.org/jobs/11065835/ CLASSIFIEDS of Iowa, Des Moines, IA – The Iowa Public Em- associate-attorney ployment Relations Board (PERB) is looking to fill an Administrative Law Judge 2 to assist ASSOCIATE – Telpner Peterson Law Firm the state. Candidate will preside over and con- LLP, Council Bluffs, IA – Seeking an attorney duct contested case appeal hearings in accor- for the general practice of law including the dance with the Iowa Administrative Procedure areas of Real Estate, Probate and Business Act (Iowa Code Chapter 17A) to ensure the law. If the successful candidate is a recent judicial review of agency action compliance graduate, a potential clerking position would with department-enforced state and federal be available pending passage of the Iowa State laws and regulations. For more information Bar Exam. Please submit a current resume or to apply, visit http://careers.iowabar.org/ which includes class rank, GPA and a current jobs/11091792/administrative-law-judge-ii writing sample to Telpner Peterson Law Firm, P.O. Box 248, Council Bluffs, Iowa 51502 or PARALEGAL – Ahlers & Cooney, P.C., Des email to: [email protected]. Moines, IA – Seeking candidates to work with the real estate, probate and estate planning ASSOCIATE ATTORNEY – Dutton, Braun, and the corporate practice groups in a down- Staack & Hellman P.L.C., Waterloo, IA – town law firm. Experience in transactional AV-rated firm in Waterloo, has an opening for business and/or financial closings and real es- an associate attorney to practice in state wide tate transactions preferred. Candidate should general litigation with a partial emphasis in excel in quick and accurate analysis of issues, family law. Excellent verbal and written com- organizing and coordinating documents, munication skills and demonstrated attention drafting and editing documents and client to detail, as well as analytical skills, required. contact. Should have a four-year degree and Please send a cover letter, resume, and copy 5+ years of paralegal or equivalent experience. of your law school transcript via email to Strong organizational, communication and [email protected]. computer proficiency are required. Excellent ASSOCIATE ATTORNEY – Putnam, Fern benefit package and great work environment. and Thompson Law Office PLLC, Decorah, Please submit resume to [email protected] IA – Seeking an associate attorney with 3-5 TRUST OFFICER – Lincoln Savings Bank, years of practical litigation experience. Prima- Waterloo, IA – Seeking candidates who can ry areas of practice include criminal defense, providing customer service and account probate, real estate, business transactions administration in addition to the sales and dis- and family law. The ideal candidate should tribution of investment and fiduciary services. feel comfortable in a courtroom, have strong This position involves profiling customers, organizational skills, and goal oriented with identifying customer’s financial needs and an eye towards growing his or her client base. managing those relationships and developing Decorah is the county seat of Winneshiek new relationships. For more information, visit County and has been recognized for a variety http://careers.iowabar.org/jobs/11092274/ of amenities ranging from the excellent trust-officer THE IOWA LAWYER 28 JULY 2018 Columns Classifieds

schools, diverse community, world renowned call 515-279-5523, 515-480-1943 or email breweries, Luther College, and breathtaking [email protected]. landscapes. Please email a cover letter and IN MEMORIAM MEDIATION SERVICES – Jack C. Paige, resume to Jeremy Thompson at jthompson@ Richard (Rick) Dunn, 56, of Eldora died April 28. Iowa City, has offered civil and workers’ putlaw.com. compensation mediation services statewide Dunn was born in Eldora. He received his JD from Drake ATTORNEY – Ball, Kirk & Holm, P.C., since 2011. Resume and scheduling calendar University Law School in 1986. After graduation Rick joined his father in the practice of law in Eldora and practiced law in Waterloo, IA – Seeking an attorney with at at jackpaigelaw.com. Call 319-351-3005 or Eldora for over 30 years. He also was elected and served as the least three years’ experience in civil litigation email [email protected] to schedule or Hardin County Attorney for 16 years and served as a judicial to join firm and assist in civil litigation and for further information. magistrate for Hardin County for 8 years. trial work, primarily focusing on workers MEDIATION SERVICES – Former Justice Daniel Patrick "Pat" Griffin, 74, of Des Moines died May 9. compensation, personal injury, and medical Michael J. Streit has recently joined Sullivan & malpractice. To apply, visit http://careers. Griffin was born in 1944 in Leon. He received his J.D. from the Ward, P.C. Streit who served for over 27 years iowabar.org/jobs/11151062/attorney University of Iowa College of Law. He took a job with the Iowa on the bench with the District Court, Court State Department of Banking as a trust examiner working out EXPERIENCED LITIGATION AND REAL of Appeals, and the Supreme Court is a AAA of the Des Moines, Iowa office. In 1976, he moved to California ESTATE ASSOCIATE POSITIONS – Bradley arbitrator offering mediation and arbitration to work as a senior trust examiner for the Federal Reserve Bank & Riley PC, Cedar Rapids, IA – AV-rated firm services and is also consulting in litigation, of San Francisco. After a year he returned to Des Moines and with offices in Cedar Rapids, Iowa City and appeals, professional liability, and contract started his own business, Daniel Patrick Griffin Bank Trust Consultant. Chicago, is seeking 2 Associate positions for law. For information and scheduling please call their Cedar Rapids and Iowa City offices. The 515-244-3500 or 515-247-4708. Jerry Jay Smith, 81, of Spirit Lake died March 11. ideal litigation candidate will have 3-5 years Smith was born in 1936 in Correctionville. He served in the U.S. INSURANCE CONSULTING – Former or more experience in litigation, a strong Navy after high school and received his J.D. from Western State claim adjuster, agent employee, and adjunct attention to detail, and excellent research, College of Law. He worked for Southern California Edison, and professor of insurance law. Experience in writing and communication skills. The ideal was a Corporate Lawyer and an Attorney at Law family practice testifying and working nationally as expert real estate candidate will have 5 years or in Iowa, retiring in 1995 and moving back to and consultant in insurance litigation. Correctionville, Iowa. more experience in real estate law, a strong Qualified to opine in: · Adjuster Conduct · attention to detail, and excellent writing and Tim McCarthy, 88, of Des Moines died May 22. Wrongful Denial · Bad Faith · Agent/Broker communication skills. To apply, visit http:// McCarthy was born in 1929 in Milwaukee, WI. He received Conduct · Carrier/Agent Contract Disputes · careers.iowabar.org/jobs/11150924/experi- his J.D. from the University of Iowa College of Law. He was First and Third-Party Claims including: Auto, enced-litigation-associate-and-experienced-re- appointed to the position of Assistant Linn County Attorney, Commercial, Disability, Health, Homeowners, al-estate-associate-positions then appointed by Attorney General Larry Scalise to be the Life, Professional Liability, Workers Compen- Solicitor General of the State of Iowa. He served a two-year term, DEPUTY/SENIOR DEPUTY PUBLIC sation. L. Craig Nierman, nierman@ptmlaw. later working with the Des Moines law firm of Davis, Huebner, DEFENDER – Minnehaha County Public com, 319-519-6006 Johnson and Burt. Tim was then hired by the four Catholic Defender’s Office, Sioux Falls, SD – seeking Bishops of Iowa as the Executive Director of the Iowa Catholic a compassionate Deputy Public Defender/ Conference, representing them before the Iowa Legislature. Senior Deputy Public Defender with excellent advocacy skills who is committed to ensuring justice, humanity, and equality to indigent clients appearing in the criminal and juvenile justice system. Our attorneys have multiple jury trials each year and daily courtroom appearances. Apply now to be considered for an opportunity with access to a vast document Attention Iowa Litigators library to help you in your criminal defense career and to be surrounded by skilled criminal defense attorneys. To apply, visit http://careers.iowabar.org/jobs/11154797/ deputy-senior-deputy-public-defender SPACE AVAILABLE OFFICE SPACE AVAILABLE – Berger Law Firm, PC at 7109 Hickman Rd. in Urbandale has many options available for office space and potential referrals. For more information, call 515-288-888. SERVICES OFFERED MEDIATION SERVICES – Judge Joel D. Novak, retired from the Fifth Judicial District Court in 2011, has begun offering mediation services for any cases. Novak has 32 years’ experience as a trial judge and six years as a senior judge. He also served as the first www.IowaMediators.org judge-in-residence at the Drake Law School Legal Clinic. For information and scheduling,

THE IOWA LAWYER 29 JULY 2018 Features Spotlight on Service SPOTLIGHT on SERVICE The ISBA Public Relations Committee will be honoring an Iowa attorney or group of attorneys each month in this special feature in The Iowa Lawyer. If you would like to nominate someone to be recognized for his or her work in the community, please contact Melissa Higgins, [email protected].

rownWinick Law Firm held its - Salisbury House & Gardens assistance, barn cleanup and meal first Day of Community Giving - Valley View Village preparation for pets. Approximately 80 B on Friday, June 8. There were Groups of BrownWinick attorneys individuals from BrownWinick partici- five service projects that were selected and staff went to each of these loca- pated in the Day of Giving. by the firm: tions and provided services, including Based in Des Moines, BrownWinick - Animal Rescue League of Iowa weeding, planting, cleaning windows, is a business law firm focusing on issues - Habitat for Humanity – Habitat ReStore general organization, floor cleaning, such as commercial and labor law, and - Habitat for Humanity – Rock the Block updating kitchen cabinetry, office intellectual property representation.

Animal Rescue League of Iowa Valley View Village

Habitat for Humanity – Rock the Block Salisbury House

ANNOUNCING Need Legal Help in Florida? HONORABLE DOUGLAS F. STASKAL (Ret.) NOW PROVIDING Jeffry R. Jontz COMPREHENSIVE MEDIATION AND Orlando Florida ARBITRATION SERVICES BA Drake University Twenty-two years of experience on Polk County District JD University of Iowa Court presiding over all subjects of litigation. AV Rated Seventeen years of experience in public and private practice of law. [email protected] Contact me at 515-491-6081 or 407-262-8400 [email protected] to schedule your mediation or arbitration.

THE IOWA LAWYER 30 JULY 2018

Working as Co-counsel with Iowa Lawyers on Personal Injury and Workers’ Compensation cases for over 30 years.

www.drewlawfirm.com

TOM L. DREW 535 40th Street, Des Moines, IA 50312 Phone: (515) 323-5640 Fax: (515) 323-5643 Email: [email protected]